The Committee on Institutes (COI) has discovered that potential liability might occur for geographic rule supervising and/or training analysts (GRSA/TAs). COI is concerned about the possible inadvertent violation of licensure laws when GRSAs supervise the work of candidates who receive their analytic education in one jurisdiction and practice in another. There are several variations on the theme. Candidates may travel to the supervisor's jurisdiction. The supervisor may travel to the candidates jurisdiction. The supervision may take place by telephone when the two parties are in different jurisdictions.
The American's attorneys have written a memo emphasizing the complexity of the matter. Not only do different jurisdictions have differing laws about such activities, but the licensuring requirements within a jurisdiction may differ for persons of different professional disciplines. The attorneys recommended that the American institutes deal with GRSA/TA appointment requests on a case-by-case basis.
A memorandum was sent to all directors of institutes, education committee chairs, and institute administrators alerting them to this potential hazard. A copy of the attorneys' memorandum was enclosed. All institutes should distribute the information to every GRSA/TA at their institutes and to all potential GRSA/TAs when they apply for that status with the American. Any GRSA/TA affected by this potential for liability should consult with his or her attorney, malpractice insurance carrier, and licensure consultant about how the specific situation should be handled. Copies of the memorandum are available from the American's Central Office.
APsaA President Bob Pyles referred this concern to the Committee on Insurance for its review. COI will continue to review GRSA/TA applications and to inform those affected about potential risks.